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could be charged at his hospital bed side on sunday. dzhokhar tsarnaev is still in serious condition. he is sedated with a tube down his throat and unable to speak. although massachusetts does not have the death penalty, prosecutors could seek capital punishment at the federal level. >> given the facts that i've seen, it would be appropriate to use the death penalty in this case. i hope they would apply it in federal court. >> reporter: more questions are being raised about the suspect and if the fbi did enough before the bombings. in 2011, it interviewed the older brother, tamerlan tsarnaev, after russian authorities alerted the u.s. government. he made a trip to russian in 2012. >> the ball was dropped in two ways. the fbi missed things or our laws do not allow the fbi to follow up in a sound solid way. >> reporter: while officials cyst through the details worshipers sought answers in their own way gathering at the holy cross on sunday to reflect on the terror that the city faced in the last week. the governor says there can be vigilance without fear. >> there are lessons that we will
. >> as you mentioned, justice department officials told cnn dzhokhar tsarnaev is facing federal terrorism charges and state murder charges. preliminary hearing could happen in the next 30 days. a lot hinges on when the suspect is well enough to speak. investigators are eager for him to talk so they can find out who planned the attack. tsarnaev will likely be appointed a federal public defender. for now, the justice department is invoking something known as a public safety exception. this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda rights is further complicated because the u.s. is a u.s. citizen. many of the rules cannot be used on americans. live
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